The court dismissed an appeal from a lower court's order denying a writ of habeas corpus and remanding a petitioner back to state prison custody. The petitioner was imprisoned under the judgment of a state court. The court found the petitioner's contentions entirely without merit. However, the court dismissed the appeal because the petitioner failed to obtain the required certificate of probable cause under 28 U.S.C. § 2253.
The court dismissed an appeal from a lower court's order denying a writ of habeas corpus and remanding a petitioner back to state prison custody. The petitioner was imprisoned under the judgment of a state court. The court found the petitioner's contentions entirely without merit. However, the court dismissed the appeal because the petitioner failed to obtain the required certificate of probable cause under 28 U.S.C. § 2253.
The court dismissed an appeal from a lower court's order denying a writ of habeas corpus and remanding a petitioner back to state prison custody. The petitioner was imprisoned under the judgment of a state court. The court found the petitioner's contentions entirely without merit. However, the court dismissed the appeal because the petitioner failed to obtain the required certificate of probable cause under 28 U.S.C. § 2253.
Venable Vermont, Spartanburg, S.C., for appellant.
H. Clifton Owens, Asst. Atty. Gen., of Maryland (Edward D. E. Rollins, Atty. Gen., of Maryland, on brief), for appellee. Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges. PER CURIAM.
This is an appeal from an order discharging a writ of habeas corpus and
remanding petitioner to the custody of the warden of a penitentiary where he is imprisoned under the judgment and sentence of a state court. The contentions of appellant are entirely without merit, and, if the appeal were properly before us, the order appealed from would be affirmed. The appellant has failed to obtain, however, the certificate of probable cause required by 28 U.S.C. 2253. The appeal will accordingly be dismissed.
Oliver, Joseph Jude v. Zimmerman, Charles, Superintendent and the Attorney General of the State of Pennsylvania and District Attorney of Berks County. Appeal of Joseph Jude Oliver, 720 F.2d 766, 3rd Cir. (1984)
John Alexander v. Parker Evatt, South Carolina Department of Corrections Commissioner Attorney General of The State of South Carolina, 23 F.3d 399, 4th Cir. (1994)
Larry Joe Johnson, Cross-Appellant v. Harry K. Singletary, JR., Secretary of The Florida Department of Corrections, Cross-Appellee, 991 F.2d 663, 11th Cir. (1993)